Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. 18 U.S.C. § 1385

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and Statutes of the United States, including Chapter 15 of Title 10, particularly sections 332, 333 and 334 thereof … of the United States Code, It is hereby ordered as follows:

[Sec. 2] The Secretary of Defense is authorized and directed to take all appropriate steps … for the removal of obstruction of justice in the State of Arkansas with respect to matters relating to enrollment and attendance at public schools in the Little Rock School District, Little Rock, Arkansas.

On April 9, 1968, Johnson issued Proclamation № 3841, which “commanded all persons engaged in violence in and about the City of Chicago and obstructing the enforcement of the laws to cease and desist therefrom and to disperse forthwith.”

During this time period, President Johnson issued a number of similar “proclamations to disperse” (10 U.S.C. § 334) before deploying federal troops to the effected cities.

The Trump Administration may also point to the authority vested in Article IV, § 4 of the Constitution, which states, “The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them … on applicaton of the executive … against domestic violence.”

Even though under Art. IV Illinois Governor Bruce Rauner may ultimately request federal intervention in Chicago, Section 332 makes clear that the President can mobilize troops on his own without waiting for such a request.

Legal authority aside, the question of whether mobilizing federal troops to descend on Chicago is a reasonable plan remains an altogether separate issue.

Trump’s “get tough” approach comes on the heels of a scathing Department of Justice report that found the Chicago Police Department has for years engaged in a pattern of civil rights abuses.

Given the already volatile situation in Chicago, one has to hope our elected officials will come together for real solutions, rather than further dividing the country. A ramping up of violence is the last thing we need.

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Tyson Manker is a former U.S. Marine combat veteran, licensed attorney, and college law professor.